An Arizona 5 Day Notice to Quit is a legal eviction letter written by the landlord and served to the tenant for nonpayment of rent. This notice is provided to the tenant to pay the balance due or vacate the premises within five (5) calendar days.
When to Use an Arizona 5 Day Notice to Quit
Use a 5-Day Notice to Quit to begin the eviction process in Arizona if the tenant is late on rent (starting the day after it’s due), either in part or in full.
The nonpayment of rent notice shall accompany a Residential Eviction Information Sheet (REIS) or it must be served with the summons and complaint. The REIS is included with the 5 Day Notice to Quit template.
If the above is not true, use one of the below forms to evict a tenant:
- 10 Day Notice to Comply or Vacate – If the tenant falsified information on the rental application such as: number of occupants, pets, income, social security number or employment.
- 5 Day Notice to Comply or Vacate – If the tenant committed a health or safety violation such as: not keeping the premises in a clean, safe or sanitary manner, deliberately or negligently destroying any part of the premises, disturbing the peace and enjoyment of other persons or not properly disposing of trash or waste.
- 10 Day Notice of Noncompliance – If the tenant repeated a second lease violation of the same or similar nature during the lease term.
- 10 Day Notice to Vacate – If the tenant falsified criminal record history, eviction history or current criminal record on the rental application.
- Immediate Notice to Vacate – If the tenant engaged in or promoted prostitution, committed homicide, used or discharged a firearm or other deadly weapon, is involved in criminal street gang activity, committed serious property damage, threatened other persons on the premises, committed acts that constitute a nuisance or physically assaulted another person on the premises.
- 30 Day Notice to Vacate – If the tenant or the landlord is terminating a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Arizona 5 Day Notice to Quit
The Five (5) Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Include the notice date, which is the date the notice is served;
- Enter the amount of rent due and the date it became due;
- Fill in late fees or any other charges owed;
- Include the total balance due;
- Enter the date the total amount is due or the date the tenant must vacate the premises;
- Landlord dates and signs notice;
- Landlord prints their name with full address and phone number.
How to Serve an Arizona 5 Day Notice to Quit
A landlord can deliver notices in Arizona using either of the below acceptable methods:
- Handing the notice to the tenant in person;
- Mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period or the number of days until the notice is received by the Tenant, whichever occurs first , as required by law.
- 1 AZ Rev Stat § 33-1313
A person ” receives” a notice or notification when it comes to his attention, or in the case of the landlord, it is delivered in hand or mailed by registered or certified mail to the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication or, in the absence of such designation, to his last known place of residence.Source Link
- 2 AZ Rev Stat § 33-1313
If notice is mailed by registered or certified mail, the tenant or landlord is deemed to have received such notice on the date the notice is actually received by him or five days after the date the notice is mailed, whichever occurs first.Source Link
- 3 Arizona Supreme Court Eviction Forms for Nonpayment of Rent
RESIDENTIAL EVICTION INFORMATION SHEET (REIS) (PUBLICATION AND DISTRIBUTION REQUIRED BY THE ARIZONA SUPREME COURT) Notice A landlord must provide a tenant with written notice saying why the eviction process has started. The tenant should have received this notice before this lawsuit was filed or with the summons. Rent Cases If this lawsuit has been filed for not paying rent, the tenant can stop it and continue living in the residence by paying all rent now due, late fees, attorney’s fees and court costs. After a judgment has been granted, reinstatement of the lease is solely in the landlord’s discretion. Inability to pay rent is not a legal defense and the judge cannot give more time to pay, even if the tenant is having financial problems. Before Court Eviction cases move through the court system very quickly. If the tenant disagrees with the landlord’s allegations, the tenant is encouraged to file a written answer. The answer form available from the court allows the tenant to admit or deny the allegations and explain his or her position. There is no fee to file an answer. If a tenant believes that the landlord owes him or her money, the tenant may under some circumstances file a counterclaim. The summons states that a trial will occur on the date listed, but due to the high volume of cases, a trial may not occur then. A landlord, tenant, attorney, or witness will be permitted to participate at the initial hearing by telephone or video conference and should contact the court at least two hours before the hearing to obtain information about how to connect to the hearing. If the tenant fails to appear, and the landlord or his attorney is present, a judgment will probably be entered against the tenant. Tenants can represent themselves or arrange for lawyers to represent them. The court will not provide a lawyer. At Court At the time listed on the summons, the judge will start calling cases. If both parties are present, the judge will ask the tenant whether the complaint is true. If the tenant says “no”, he or she will need to briefly tell the judge why. If the reason is a legal defense, the judge will need to hear testimony from both sides and make a decision after a trial. After talking to the landlord or its attorney, a tenant may wish to agree to what the landlord is requesting by signing a “stipulation”. A stipulation is an agreement under which the parties resolve the dispute on the basis of what the agreement says. Only matters contained in the written agreement can be enforced. These agreements should be clear and understandable by both parties. Most stipulations include judgments against tenants. Continuances Either party may ask that the court date be delayed. The court will agree only if there is a very good reason. A delay will be no more than three business days. There is no assurance a delay will be granted and parties should come to court prepared for trial and bring necessary witnesses and documents. After a Judgment If a landlord receives a judgment, it may apply for a writ of restitution to remove the tenant(s) and all occupants. Writs of Restitution are served by constables, who will direct the residents to leave. A tenant may avoid the difficulties associated with a writ of restitution by vacating the property and returning the keys to the landlord. This ends the tenants’ possession of the residence. A tenant will have five (5) days to vacate the premises unless the court has found a material and irreparable breach of the lease by the tenant, in which case the tenant has only twelve (12) to twenty-four (24) hours to vacate. A judgment will probably appear on a tenant’s credit report for several years. Parties wishing to appeal from a judgment have five days to do so after the judgment is entered and can obtain forms and information from the court filing counter. If a tenant wants to remain in the rental home during the appeal, the tenant must also pay an appropriate bond and continue to pay rent into court as it becomes due. If the tenant prevails the court will dismiss the case. Absent an appeal, the tenant will need to obtain the landlord’s approval and enter a new lease to continue living in the residence. Sources of Additional Information You can get copies of the Arizona Residential Landlord Tenant Act, the Arizona Mobile Home Parks Residential Landlord and Tenant Act and the Long Term Recreational Vehicle Rental Space Act from a library or from links on the Arizona Judicial Branch – Eviction Actions web page, https://www.azcourts.gov/eviction. For information on the Residential Eviction Action process, please visit: https://www.azcourthelp.org. If you wish to consult an attorney, you may want to contact the Arizona State Bar Attorney Referrals Line or, in Maricopa County, Community Legal Services. Contact the court in other counties for similar referrals.Source Link